Who is Jane? Founder and President of Warriors Japan.

THIS story is of no material importance to Japan. It is the story of Jane. And it is a story of a very small, dark sliver of 20th century geopolitics that festers still.

Jane is an attractive, blonde 40-something Australian, resident for many years in Japan and a mother of three boys. She is also the victim of a rape. Jane is not her real name.

She is actually the victim of two violations. The physical one was committed on April 6th 2002 near the American naval base at Yokosuka by Bloke T. Deans, an American serviceman. He violently raped her in her car.

What Jane refers to as her “second rape” happened afterwards, when she reported the crime to the Kanagawa prefectural police. There, she alleges that she was interrogated for hours by six policemen, who mocked her. At a later meeting, they laughed and made crude sexual comments. She was initially denied medical treatment, water and food. Jane was denied a receptacle to keep a urine sample—key forensic evidence in a rape. After four hours, all she could do was relieve herself on a cold police toilet and cry. The police made no attempt to preserve sperm or DNA on her body.

Her torment at the hands of the police so amplified the trauma of the evening that she actually tried to dial emergency services to report that she was being held against her will at the station, but an officer ripped the phone from her hand. Ultimately she was kept in custody for some 12 hours following the crime, before having to drive herself home.

The police located the assailant, Mr Deans, of the aircraft carrier USS Kitty Hawk, but for reasons that remained unclear, no charges were filed against him.

Jane, however, filed and won a civil case against him: a Tokyo court ordered him to pay ¥3m (around $30,000) in November 2004. But unbeknownst to Jane or the court, soon after the suit was filed, the American navy had quietly discharged Mr Deans, who returned to America and disappeared. Later, she received compensation from Japan’s Ministry of Defence, out of a discreet fund for civilian victims of crimes by American military personnel.

In Jane’s view, the first rape went unpunished: Mr Deans remains at large. So she turned her attention to the “second rape”. She sued the Kanagawa police for a bungled investigation that denied her proper justice. In December 2007 the court ruled against her, stating that the police had fulfilled their responsibilities. She appealed the decision.

Jane’s ordeal underscores the clumsiness of Japan’s police force. In several recent high-profile cases, the police have coerced confessions from suspects. It also highlights the lack of a tradition of individual rights in the country, and the often thinly reasoned rulings of Japanese courts. And it fits the pattern that in many crimes by American servicemen, the Japanese authorities fail to press charges.

But the reason why cases like Jane’s are not prosecuted may have less to do with incompetent police and more because of a secret agreement between America and Japan in 1953 that has recently come to light.

In September 2008, Shoji Niihara, a researcher on Japanese-American relations, uncovered previously classified documents in the U.S. National Archives. They show that in 1953, soon after Dwight Eisenhower assumed the presidency, John Foster Dulles, his secretary of state, embarked on a massive programme to get countries to waive their jurisdiction in cases of crimes by American servicemen.

On October 28th 1953, a Japanese official, Minoru Tsuda, made a formal declaration to the United States (not intended for public disclosure), stating, “The Japanese authorities do not normally intend to exercise the primary right of jurisdiction over members of the United States Armed Forces, the civilian component, or their dependents subject to the military law of the United States, other than in cases considered to be of material importance to Japan.”

In other words, Japan agreed to ignore almost all crimes by American servicemen, under the hope that the military itself would prosecute such offences—but with no means of redress if it did not.

This helps explain the perplexing, toothless approach of the Japanese police and prosecutors even today in cases of crimes by American military personnel. When Mr Niihara first made the documents public in October, a senior Japanese official denied any such agreement, but in words so mealy-mouthed that it raised suspicion.

Japan’s landmark accord with the United States over troops stationed in the country, called the Status of Forces Agreement, was signed in 1960. Article XVII.1b states: “The authorities of Japan shall have jurisdiction over the members of the United States armed forces, the civilian component, and their dependents with respect to offences committed within the territory of Japan and punishable by the law of Japan.”

But in practice the Japanese do not exercise their authority. Jane’s case was just one of many in which the Japanese authorities opted to look the other way. This has nothing to do with the specifics of her case; it stems from an intergovernmental security protocol negotiated a half-century earlier.

Why did America fight so hard in 1953 to maintain control of criminal cases involving its boys? The documents do not say, but provide a clue: in numerous settings, American officials express unease that American servicemen commit roughly 30 serious crimes each month. Having 350 soldiers sent to Japanese jails each year would have been bad for America’s image. According to a separate document, America struck similar, secret agreements with the governments of Canada, Italy, Ireland and Denmark.

When Jane talks to reporters, she wears stylish, bug-eyed, mirrored sunglasses that seem more shields than fashion statement. It is futile protection—a tangible symbol of her quest for anonymity, akin to her pseudonymity.

On December 10th 2008, the Tokyo High Court ruled on Jane’s appeal in the suit against the Kanagawa police. Judge Toshifumi Minami entered the court, told her “You lost. And the financial burden of the case lies with you,” and then left. A 20-page ruling, considered short, sheds little insight into how the court reached its decision. Jane plans to appeal to the Supreme Court. “I lost—but they lost too,” she said.

Jane will always bear indelible, invisible scars. But this is of no material importance to Japan. Or America.

RESEARCH BY JANE

Sexual Assault In Japan

Author -Jane- (copyright excerpts from Jyu No Tobira. Published by Ohanomizu Shobo)

A study of Japan societies approach to sexual assault.

Points of Discussion+Non existence of a 24-hour rape crisis centre in Japan.+Lack of help by the authorities+Understanding the needs of sexual assault victims in the immediate aftermath of rape+Need for the first 24 - hour rape crisis center to be established inJapan with the greatest of urgency.

Through an intensive six year research into sexual assault in Japan.

+Not one 24 hour rape crisis center is available anywhere in Japan.

+ Victims sexually abused daily in Japan and have had literally no where to seek help and have been forced to suffer alone and in silence.

+Current police investigation system concentrates more on the crime

+Emotional and physical needs of the sexual assault victims are ignored.

+Sexual assault victims in Japan are at least 35 years behind in receiving what is considered standard practice and in comparison to what is available in other countries.

+Re-enactment of the entire rape by taking photographs (with the victim) by the police must be banned.

What is needed to improve the current system in Japan.

Already Japan is under scrutiny with the United Nations, 38th Session of the UN Committee Against Torture in Geneva 2007, made the following recommendations.

The UN Committee holds concerns that the legislation covering rape referring only to sexual intercourse with male and female genital organs, excluding other forms of abuse as well as rape against males.

That the State should adopt measures to combat sexual violence.

To provide better protection and appropriate care for such victims.

Should ensure that all victims can claim redress before courts of law.

The first 24-hour rape crisis center must be established in Japan with the greatest of urgency and duplicated throughout Japan.

Police officers, judges and medical practitioners must beprofessionally trained in their interaction with sexual assaultvictims.

The State Party was also encouraged to undertake training programs for law- enforcement officials and the judiciary to ensure that they are sensitized to the rights and the needs of victims.

THE URGENT NEED FOR ESTABLISHING THE FIRST 24 - HOUR RAPE CRISIS CENTER IN JAPAN

Since 2002, Jane has been fighting to establish the first 24 hour rape crisis center in Japan.

Rapes occur anytime, any hour; in the morning and at night, on weekends and public holidays. Rapists do not take vacations and so therefore it is crucial that a rape crisis center is available everyday and at any time. 24 - hour rape crisis centers must be made available in Japan without further delay. April 2002 Jane

No individual ever asks to be raped and to have been raped is not something that should be ever taken lightly. What I believe is being seriously overlooked in Japan is that sexual abuse victims need to be treated by the police and other authorities in a more compassionate and dignified manner. I do believe that unless you have personally been a victim of sexual abuse, then no matter what academic degree or status that a person holds, will suffice to understand how a sexual abuse victim really feels.

Protocols must be established

We must change the focus from determining whether or not the victim reporting a rape to the police holds validation, but more on focusing a comprehensive view of victim care.

Some police and health care providers do determine in their own minds as to whether or not they personally think the victim's claims of rape hold truth, even at theinitial stages of the victim reporting the crime.Individuals who have been raped can sense that the person questioning them does not believe their story and the second crime of neglect and re-victimization begins and the continues for the victim, furthering their trauma.Health care providers and police must be experienced in handling victims with the utmost care and sensitivity in order to minimize further physical and psychological trauma.

INITIAL REPORTING STAGE OF SEXUAL ASSAULT AND WHAT NEEDS TO BE DONE

Victims of sexual assault have very serious needs that need to be met swiftly and with expertise.

The first priority is the care of the victim.

Some victims are psychologically traumatized for months and sometimes for many years. Bruises and wounds heal, but emotional scars may remain forever.Sexual abuse should not happen, but once a victim has come forward and reported the crime to the police or a health care provider,sensitivity and expertise in handling the victim with care is essential in prevention of re-victimization and secondary trauma.

The initial response in reporting sexual abuse has a profound impact on the psycholog recovery process of the victim. The first persons that sexual assault victims report to, whether they be police or medical practitioners, must realize and be trained to know that the chain of violence now set by the rapist,that has rendered the victim helpless, must be broken.

What needs to be done - Sensitivity, Trust, Assist, Respect.

The victim needs to be treated like a STAR

Each and every step including all the way up to the judicial system if the victim decides to prosecute the assailant, be handled with care, and gaining trust and respect by showing patience and listening to the needs of each individual victim.

Through police sensitivity and conducting of investigations in a supportive and non-judgemental manner, it will not only help the victim to recover from the trauma inflicted by the assault but will also help in encouraging the victim to cooperate in assisting with the gathering of evidence, investigations and their willing involvement in court proceedings if they wish to prosecute. Police must also ensure the victim that they have complete confidentiality and most of all to let the victim know whose side that they on.

The needs of STAR

TO RECEIVE IMMEDIATE MEDICAL ASSISTANCE.

I do believe that it is crucial for a rape victim to receive immediate medical care and should occur within one hour of the arrival of the first police officer, or sooner if possible.

Unnecessary police officers or patrol units to gather around the victim should not be allowed.

In the initial reporting, trying to obtain a lengthy statement andhours of questioning will only further the trauma of a sexual assault victim, therefore questioning should be brief to establish details to identify the offender.

The victim's medical needs must be attended to as priority.Police dealing with victims must be sensitive to the immediate physical and emotional needs of the victim.Any investigations should not be based on what is convenient for the police, but rather what are the best interests of the individual who has just been sexually abused.

The Domino Effect

It is vital for all to imagine that they themselves or one of theirloved ones were a victim of rape and only then will this help tounderstand what the initial and ongoing concerns of a rape victim would be.

Negative experiences felt by sexual assault victims leaves the victim feeling raped over again, hence the term second-rape.When the professionals interacting with sexual assault victimsre-traumatize a victim, the 'domino effect' has begun and not only the sexual assault victim but their immediate family and society is also seriously effected.

The chain of violence has not been broken and the cycle continues.

Once a sexual assault has occurred, it is vital that all forms ofre-victimization and victim blaming be discontinued from this point onwards so that the 'domino effect' can be halted in its tracks and the emotional healing of the sexual assault victim may begin immediately. Police and or other professionals priority is to stabilize the sexual assault victim and under no circumstances should they try to make judgments or try to validate the victims statement.This is a matter for others to determine based on evidence.

DRUG FACILITATED SEXUAL ASSAULT. DFSA

There has been an increase in the use of drugs in sexual crimes.It should be protocol that health care providers ensure that drug testing be made available for all victims and that these drugs may render a person incapacitated for hours and in some cases these drugs may result in the victim losing consciousness , therefore with an inability to resist.Such drugs as Gamma Hydroxybutyrate GHB and Rohypnol may cause memory loss, dizziness, confusion, impaired motor skills and impaired judgement among other symptoms.

Regardless whether or not a police officer feels that the victim is under the effects of drugs or alcohol, drug testing should be protocol in all cases of sexual assault. Immediate medical needs must be addressed and reassurance to the victim that tests such as blood and urine samples should be collected as soon as possible. Delays may result in a loss of crucial evidence and the dangers to the victim who has had exposure to any drug must have their medical needs seen to without delay. Relevant samples can be used to build a strongerprosecution case for court proceedings. Too often a sexual assault victim under the influence of such drugsare simply written in the initial report as being drunk.

EMERGENCY CONTRACEPTION

For females who are of child bearing age, there may be a risk of pregnancy as a result of rape. Health care providers should ensure that sexual abuse victims are aware that emergency contraception is available and the importance of the timely action. As with all procedures, female victims must be given appropriate and accurate information so that they can make their own choice regarding the emergency contraception and ensure that services for them are provided without delay.

HIV/ STDsHIV post exposure prophylaxis [PEP] should be offered as soon as possible following exposure to direct contact with body fluids or blood after a sexual assault. Victims of sexual assault need to be informed that these drugs are available for them and in some cases medication can be administered before the evidence collection kit is completed. Sexually transmitted diseases such as Chlamydia and gonorrhea are two of the common STDs transmittable after a sexualassault and the victim should be informed of the health concerns involved and testing for STDs should be recommended.

THE NEEDS OF A SEXUAL ASSAULT VICTIMJ A T

(Just Ask Them)

It is vital that authorities and organizations in Japan, dealing with sexual abuse victims need to honestly take a good look at how the system is failing sexual abuse victims.The only way to come about this realization is to imagine that they were sexually abused themselves. What would they feel and what would their needs be? No one can assume what a persons needs are in any typical daily life situation, therefore is is absurd to assume what the needs of each individual that has been raped requires.It is more reasonable to justaskthe sexual abuse victim what their concerns, needs and wants are at each and very stageof the procedure, starting with the initial report of the crime to the police.

We must not and can not assume that each persons needs are the same.

The police must not be so focused on the crime and the criminal that they ignore the victim's needs.

Needs - Just Ask ThemIt is most valuable to talk to sexually abused victims to receive their honest opinions about their needs and wants.In addition, to aquire this information, trust and skills in talking with sexual abuse victims is essential.A sexual assault victim who has just been raped, has lost complete trust, control and may feel totally helpless.

The feelings of helplessness after being raped are not unusual.

Needs - Just Ask Them/STAR

It is a common legal defense tactic when a rapist is on trial , to try to prove the victim was at fault or 'asked for it' or dressedinappropriately, or was experienced in sex with men or was strong enough to fight off the attacker. In a 2008 court room trial held in Tokyo, one sexual assault victim was asked how many men had she slept with previously and was she good at sports in school?

Group SupportVictim support with other sexual assault victims has been rather non-existent due to the stigma and silence of sexual assault in Japan. The non-existence of a 24 - hour RCC.

The first bilingual support group in Tokyo, LampLighters Japan, was established in January 2008.

Sexual abuse victims are greatly assisted in such an environment when they can communicate with other sexually abused victims. Through support groups they can meet with others who have suffered similar crimes. Sexual abuse victims can identify with other sexual abuse victims and can often express freely their normal reactions to the abnormal situations of the crime that they have suffered.In the support group setting, often sexual abuse victims can more easily confide to other victims in the group about their feelings of suicide,severe depression and how PTSD is effecting their daily lives. Eating and sleeping disorders, excessive smoking or drinking habits, self cutting or self hitting, are some of the topics discussed in the support group, which may often remain hidden and therefore untreatedwhen the victims have spoken to their doctors or therapists.

TherapyIt is undeniable that a therapist will try to encourage a sexual abuse victim to talk about his or her feelings to help them cope with the trauma. However in some cases, the victim can see straight through the lines of questioning in such comments as So why do you feel this hatred towards the rapist?Or why do you feel anger? In a support group setting, sexual abuse victims do not feel the need to ask these kinds of questions.Obviously the therapist needs to open the channels for discussion, but such questioning only leaves the victim feeling more reserved in answering questions in therapy sessions, which is not surprising. I believe that therapists also must put themselves into the shoes of a sexual abuse victims shoes and then they will be able to assist the healing process.Therapists could help sexual assault victims by informing them that they totally understand that the blame lies entirely with the perpetrator and that they are not trying to see if the victim is lying about what really happened.

Therapists could help sexual assault victims by informing them that they totally understand that the blame lies entirely with the perpetrator and that they are not trying to see if the victim is lying about what really happened.A sexual abuse victim may also be under the impression that they need to constantly prove that they were really raped.One sexual abuse victim in Tokyo, upon requesting counseling for her rape trauma and P.T.S.D, was told by her doctor that therapy was not necessary because time heals all wounds. Upon realizing that she had become pregnant due to the rape, the same victim was told by her physician that it was highly unlikely that she had fallen pregnant due to the rape, and that she must have been sleeping with other men.Pregnancy as a result of rape is a well known fact. For a professional medical practitioner to tell a sexual assault victim that it is not, is not only malpractice, but is very much a re-truamatization to a victim in a society where no one will believe them.

Post Traumatic Stress Disorder - P.T.S.D and Rape Trauma

P.T.S.D. are normal reactions to a highly abnormal situation.Group Meetings may consist of talking about ways victims found their own tools for empowerment. Or how they deal with their P.T.S.D. In no way do these support groups take the place of therapists or medication if used, however support by other victims in a form of group support is important and a crucial part of their healing. In the support group setting, it is essential that the individual knows that they will not be pressured into talking about what happened to them. No sexual abuse victim should be urged or coerced into talking about his or her feelings , unless it is in their own timing.Many times members do not even have to use words to express their feelings, as their facial expressions and hearts say it all. There is no victim blaming and victims will often listen patiently and with understanding and offering their support even if it is through shared tears or a smile.

What sexual assault victims need most of all besides STAR

What is considered standard practice now, will not be in the years to come due to health care constantly evolving. But the fundamental aspect that we are all human beings… We all breathe the same , bleed the same and have feelings, needs and wants just like any other human being on this planet alive today. In order to help understand the needs of sexual assault victims, we need to get back to reaching out to others with our open hearts and hands and for all to assist in

RECLAIMING OUR HONOR

Conclusion

For Japan to be able to properly care for SA victims, the hospital's procedures must be outlined and protocol.The dire importance of a detailed physical exam following a rape is essential and, and the collection kits used by physicians to gather such evidence for forensic purposes must be made readily available throughout Japan.The grave importance of a rape victim having a counselor with her/him throughout the emergency room visit and the need for follow-up care for treatment of rape-trauma syndrome and P.T.S.D. is essential. STAR and JAT must be protocol.Sensitive handling by police and law enforcement is crucial.The first 24 hour rape crisis center must be established in Japan without delay and duplicated throughout Japan.Children, women and men must be educated and taught about sexual abuse prevention.

What do all sexual assault victims have in common?

Sexual abuse victims share the most important knowledge of all and that is what some professionals may forget…That is that they have been there and know how it feels to have been sexually assaulted. Rape can not be felt through a manual nor a textbook. The basic component of all human beings is to be able to be treated with honor and dignity. To share the kindness which we were all born with in our hearts.

Sexual Assault Victims In Japan Need Urgent Help TODAY

Until we see all of these procedures in reality and not on a piece of paper in some manual, then Japan will continue to be a rape cultivating society breeding silent and helpless victims.The time is right and the time is now. The time is right now. Sexual assault victims in Japan need immediate assistance today.

The Cold, Dark, And Sad Truth About Rape In Japan

A documentary of three women, victims of incestuous relationships and rape experiences. Now as adults, they couragiously talk about the horrific events of the crimes against them - in hopes by speaking out, to pave a better path for the victims that will unfortunately come after them.